Requirements for Sponsor, Family Based Immigration

Question:

I am U.S. citizen. My fiancee is from a foreign country. She came here as a tourist, and over-stayed now for 7 months. We would like to get married soon, but I don not know how or what I need to do as a sponsor to apply for a Green Card for her. What are the requirements for sponsor of a family based immigration petition? Please Help me.

Answer:

Because you are a U.S. citizen and your fiancee was inspected when she entered the U.S., she will be eligible to file her Green Card application inside United States, once you are married.

A U.S. citizen or legal permanent resident can be the sponsor of a family based immigration petition. However, the sponsor has to meet some requirements and legal obligations. The sponsor has to execute a legally binding affidavit of support for the beneficiary, in which the sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the beneficiary has become a U.S. citizen, or has worked in the United States for 40 qualifying quarters.